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Full text of "Shipping Practice"

CARRIAGE OF GOODS BY SEA ACT, 1924      37

Para. 5 states that the carrier shall not be liable for any
loss or damage exceeding 100 per package or unit, unless
the nature and value have been declared by the shipper
before shipment, and it has been inserted in the bill of
lading.

Here is a definite limitation of liability, and the unit may
be described in connection with bulk cargoes as any stan-
dard, e.g. ton, or quarter.

Any declaration of value on a bill of lading shall be
prima facie evidence, but not binding or conclusive on the
carrier. The carrier and shipper may however agree to
another maximum amount provided it is not less than 100.

Neither shall the carrier be responsible for any loss or
damage to goods where the nature or value has been wrong-
fully described.

Para. 6 refers to dangerous cargoes and states that
when goods of an inflammable, explosive, or dangerous
nature have been shipped without the knowledge of the
master, they may be discharged or landed at any time or
rendered innocuous, without compensation, and the shipper
shall be liable for all damage or expenses arising out'of sucli
shipments. Also, when any such goods shipped with car-
rier's knowledge and consent become a danger to the ship
they also may be treated in a similar manner without
liability of the carrier, except to general average, if any.
This freedom of action, without responsibility, is necessary
for the master, and the decision to discard such cargo may
be made in the interest of the ship, without the fear of
heavy claims arising. This is one of the few occasions when
the master is a free agent in respect of the treatment of
the cargo.

Article 5. This article sets out the conditions of any
surrender of rights and immunities, and increase of res-
ponsibilities and liabilities.

The carrier may surrender all or part of his rights and
immunities or increase his liabilities, provided such surrender
or increase is incorporated in the bill of lading. There is no
permission, however, for Ms rights and immunities to be